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(영문) 의정부지방법원 2016.08.11 2016고정1259
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to divert a mountainous district or engage in development activities, such as changing the form and quality of land, shall obtain permission from the competent authority.

On April 1, 2013, the Defendant, without obtaining permission from the competent administrative authority on April 1, 2013, performed development activities to convert mountainous districts into a road and to change the form and quality of land by packaging forest land and miscellaneous land into a road with a size of approximately 170 square meters from Nam-si, Namyang-si, a mountain village.

Summary of Evidence

1. Statement by the defendant in court;

1. A C statement;

1. A written accusation;

1. Application of the current status measurement map and photographic image Acts and subordinate statutes;

1. Article 54 subparagraph 1 of the Management of the relevant Mountainous Districts Act, the main sentence of Article 14 (1) (unauthorized mountainous districts) of the relevant Management of the Mountainous Districts Act, and Articles 140 subparagraph 1 and 56 (1) (unauthorized development acts) of the National Land Planning and Utilization Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. The sentencing of Article 334(1) of the Criminal Procedure Act is to be determined by taking into account the following factors: (a) the accused with the reason for the sentencing of a fine of two million won for the same kind of crime; and (b) the sentence is to be imposed as ordered by the court;

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